Babula @ Iswar Nial vs The State Of Orissa .... Opposite Party
2025 Latest Caselaw 6001 Ori

Orissa High Court

Babula @ Iswar Nial vs The State Of Orissa .... Opposite Party on 18 June, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLREV No.202 of 2025
        Babula @ Iswar Nial                      ....           Petitioner
                                           Mr. R. L. Pattnaik, Advocate
                                    -Versus-

        The State of Orissa                      ....     Opposite Party
                                                   Mr. S. Behera, AGA
                 CORAM:
                 MR. JUSTICE R.K. PATTANAIK

                                   ORDER

Order                             18.06.2025
No.
01.     1.      Heard Mr. Pattnaik, learned counsel for the petitioner.

2. Instant revision is filed by the petitioner assailing the impugned judgment in Criminal Appeal No.2 of 2024 dated 19th March, 2025 as at Annexure-2 corresponding to CT Case No.75 of 2018 of the file of learned Assistant Sessions Judge, Nabarangpur on the grounds stated.

3. Recorded the submission of Mr. Pattnaik, learned counsel, which is to the effect that the petitioner could not have been convicted for an offence under Section 307 IPC. In view of the plea advanced and grounds stated, the Court is inclined to consider the response of the State.

4. Notice. Mr. Behera, learned AGA accepts notice for the State. An extra copy of the petition with annexures is directed to be served on the State by tomorrow.

5. List on 16th July, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge

1. Heard.

2. Instant petition is filed for bail.

3. Mr. Pattnaik, learned counsel for the petitioner submits that petitioner has remained in custody for seven months approximately but in the meantime, NBWA has been issued by the court of 1st instance. The petitioner has been convicted for an offence under Section 307 IPC with a direction to undergo RI for a period of five years and to pay a fine of Rs.5,000/- with default sentence. Considering the submission as above and the period already undergone as a part of the sentence awarded, the Court is inclined to direct the petitioner to surrender before the learned court below forthwith to be released on bail subject to conditions.

4. IA is accordingly disposed of with a direction for the petitioner to surrender on or before 30th June, 2025, whereafter, he shall be released by learned Assistant Sessions Judge, Nabarangpur in connection with CT Case No.75 of 2018 upon furnishing bail bonds with suitable conditions imposed on him.

(R.K. Pattanaik) Judge

1. Heard.

2. Instant petition is for stay realization of the fine amount.

3. Considering the submission of Mr. Pattnaik, learned counsel for the petitioner and the grounds advanced, the Court is inclined to stay realization of the fine as has been directed and confirmed in Criminal Appeal No.2 of 2024 until further orders.

4. IA is accordingly disposed of.

5. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

TUDU